Matter
The Incorporated Owners of Wing Fai Building, Shui Wo Street v Golden Rise (HK) Project Company Limited (Hong Kong District Court DCCJ 225/2016)
Hong Kong proceedings concerning the contractual arbitration clause in the dispute between the Incorporated Owners of Wing Fai Building and Golden Rise.
Procedural record
- 23 June 2016Hong Kong
23 June 2016Hong Kong
Decision of the District Court of the Hong Kong Special Administrative Region in the case DCCJ 225/2016 dated 23 June 2016
District Court of the Hong Kong Special Administrative Region
- Decision summary
- The court held that clause 4.1.36 of the parties’ contract gave them a choice whether to arbitrate and did not compel arbitration under the Arbitration Ordinance. It dismissed Golden Rise’s application to stay the action, allowed the Incorporated Owners to continue the court proceedings, and ordered Golden Rise to file its defence within 21 days and pay the costs of the stay application on an indemnity basis, subject to summary assessment.
Participants
The Incorporated Owners of Wing Fai Building, Shui Wo Street
- Representative
- K Y Kwok (For: The Incorporated Owners of Wing Fai Building, Shui Wo Street)
- Representative
- Li, Kwok & Law (For: The Incorporated Owners of Wing Fai Building, Shui Wo Street)
Golden Rise (HK) Project Company Limited
- Representative
- Jerry M S Chung (For: Golden Rise (HK) Project Company Limited)
- Representative
- Yeong & Co (For: Golden Rise (HK) Project Company Limited)
District Court of the Hong Kong Special Administrative Region
- Judge
- Winnie Tsui